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152
the Board. The Greenwich Board did not apply for a special
case or carry the matter any further.
Finding that all hope of obtaining money from the Greenwich
Board had failed, the Yestry determined to apply to the
Metropolitan Board of Works to make an Order under the
140th Section of the Metropolis Management Act, 1855, and
the 86th Section of the Amendment Act, 1862, which Section
enables the Board, when a "street" is in two parishes, to
place it under the exclusive management of one Yestry or
Board for paving, lighting and scavenging purposes, and to
direct what proportion of the expense shall be borne by each
authority. The Greenwich Board expressed its approval of this
application by passing a resolution that the exclusive management
of the street should be under this Yestry, and further
agreed to pay one-half of the expenses of paving.
On obtaining the Order the Surveyor took the directions of
the Yestry, and requiring further Tenders for paving the road..
Such Tenders amounted to £1,22G, being much less than the
former estimate owing to the great reduction in the price of
materials. This Yestry accordingly issued their Precept on the
Greenwich Board demanding payment of £618 their proportion
for paving the road. The Greenwich Board was served with
this Precept, and after much correspondence declined to pay
the Precept. The Vestry consequently, acting under the opinion
of Mr. Besley, instructed me to bring an action against them for
for their moiety of the expenses. The Board's contention
that the word "street" used in the 140th Section of
the Metropolis Management Act, under which the Order
was made, did not include "new streets," as defined
by the Metropolis Management Act, 1862, and was
therefore invalid. It was understood that a further objection
would be made that the work ought to have been
done before the payment was made by the Board. As these